Office of the Attorney General
State of Texas

Re: Whether newly imposed limitations on a district judge's salary affect his compensation for
service on a county juvenile board (RQ-1818)

Dear Mr. Kuboviak:

You ask whether limitations placed on a district judge's salary by the 71st Legislature affect the
judge's compensation for service on a county juvenile board.

Section 3(b) of article 6813b, V.T.C.S., as amended by House Bill 101, 71st Leg., ch. 1258, s 1,
at 5073, effective September 1, 1989, provides for the salaries of district judges, as follows:

Judges of the district courts of this State shall each be paid by the State an annual salary that is
five percent less than the salary provided in the General Appropriations Act for a justice of a
Court of Appeals. Unless otherwise provided by law, the combined salary of each of the district
judges from all State and county sources may not exceed the amount that is $2,000.00 less than
the salary provided for a justice of the Supreme Court. To the extent of any conflict, the salary
differential provided for the combined salary of district judges provided by this subsection
prevails over any differential set by Chapter 32, Government Code. (Emphasis added.)

Section 152.0271 of the Human Resources Code (formerly sections 1, 2, 4, and 8a of article
5139EEEEE, V.T.C.S.), provides for the membership of the Brazos County Juvenile Board and
compensation to be paid members of the board. Subsection (d) provides:

The commissioners court shall pay the judges on the juvenile board an annual salary set by the
commissioners court at not less than $600 nor more than $1,200. The commissioners court shall
pay the public member of the board an annual salary set by the commissioners court at not more
than $600. The salaries shall be paid in equal monthly installments from the general fund or any
other fund of the county.

Section 152.0003 of the Human Resources Code (as well as section 4 of former article
5139EEEEE, V.T.C.S.), provides that the compensation to a judge serving on a juvenile board is
in addition to all other compensation provided or allowed by law for a judge.

Section 152.0271(d) provides that the compensation paid a judge for service on the county
juvenile board is to be paid out of the general fund or any other available fund of the county.
The provision in House Bill 101 limiting a district judge's salary to an amount that is five percent
less than the salary provided in the General Appropriations Act for a justice of the court of
appeals imposes no restriction on the amount paid the district judge from county funds.
However, House Bill 101 does limit the combined salary of a district judge from all state and
county sources to a sum not to exceed the amount that is $2,000 less than the salary provided for
a justice of the Supreme Court.

Attorney General Opinion H-123 (1973) concluded that the compensation paid the judges of
Travis County for service on the county juvenile board came within the limitations imposed upon
compensation collected for service as a judge. The opinion suggested to permit a judge to hold
two offices, one on a juvenile board and the other as a judge, for each of which he would be
compensated, would run afoul of sections 33 and 40 of article XVI of the Texas Constitution.
Attorney General Opinion H-461 (1974) concluded that the $1,200 per annum paid the district
judge in Winkler County was for service rendered as a judge and came within the limitations
imposed upon compensation allowed for the judge.

You suggest that the words "unless otherwise provided by law" preceding the limitation
imposed on a district judge's salary in House Bill 101 may evidence a legislative intent to
exclude compensation the commissioners court pays a judge for service on the county juvenile
board in determining the limitation. It is expressly provided that this subsection prevails over any
differential set by chapter 32 of the Government Code. Section 32.021 of the Government Code
provides that the Commissioners Court of Brazos County shall pay the district judges in Brazos
County a specified amount as supplemental salary in addition to the salary paid by the state.
While it may be urged that the limitation only prevails over any supplemental pay authorized by
chapter 32, this position overlooks the fact that the limitation includes the combined salary from
all state and county sources. While the pay authorized for service on the county juvenile board is
not found in chapter 32, it is clearly a part of the combined salary paid the judge from county and
state sources. Historically, the payment to judges for service on the juvenile board has been
considered compensation for service rendered as a judge and has come within the limitations
imposed upon compensation allowed a judge. We do not believe the words "unless otherwise
provided by law" reflect an intent on the part of the legislature to exclude compensation paid a
judge for service on a juvenile board from the limitations it has placed on a judge's combined
salary from all state and county sources absent an express exemption to that effect.

SUMMARY

The compensation paid a district judge by the Commissioners Court of Brazos County for
service on the county juvenile board is a part of the judge's combined yearly salary from state
and county sources and enters into the determination of the amount of salary the judge may
receive.